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Matter of Loveday v. Loveday [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
May 8, 2000
272 A.D.2d 401 (N.Y. App. Div. 2000)

Opinion

Submitted March 27, 2000.

May 8, 2000.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Dutchess County (Brands, J.), entered February 1, 1999, which denied his objections to an order of the same court (Furman, H.E.), dated November 25, 1998, which, after a hearing, granted the mother's application to terminate her child support obligation upon the daughter's emancipation.

Ronald R. Tomlins, Poughkeepsie, N.Y., for appellant.

Jode Susan Millman, P.C., Poughkeepsie, N.Y., for respondent.

LAWRENCE J. BRACKEN, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs. The Family Court properly terminated the mother's child support obligation upon a finding that the daughter's marriage constituted an event which resulted in the daughter's emancipation pursuant to an amendment to the parties' settlement agreement, which was incorporated but not merged into their judgment of divorce (see, Matter of Henry v. Boyd, 99 A.D.2d 382; Matter of Rankin v. Lavine, 50 A.D.2d 1091, affd 4 N.Y.2d 911).

In light of our determination, it is unnecessary to address the father's remaining contentions.

BRACKEN, J.P., SULLIVAN, ALTMAN and KRAUSMAN, JJ., concur.


Summaries of

Matter of Loveday v. Loveday [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
May 8, 2000
272 A.D.2d 401 (N.Y. App. Div. 2000)
Case details for

Matter of Loveday v. Loveday [2d Dept 2000

Case Details

Full title:In the Matter of Lucy Loveday, respondent, v. James W. Loveday, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 8, 2000

Citations

272 A.D.2d 401 (N.Y. App. Div. 2000)
707 N.Y.S.2d 479

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